Legal Opinion
Amco Development, Inc. v. Zoning Board of Appeals of Perinton
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1992PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously affirmed with costs. Memorandum: Before a zoning board of appeals may exercise its discretion and grant a use variance upon the ground that literal application of the zoning ordinance would result in unnecessary hardship, the applicant must show that "(1) the land in question cannot yield a reasonable return if used only *638for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning ordinance itself; and (3) that the use to be…
2Cases cited6 opinions
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- Village Board v. JarroldNew York Court of Appeals · 1981
- MATTER OF CROSSROADS RECREATION v. BrozNew York Court of Appeals · 1958
- Iannucci v. CaseyAppellate Division of the Supreme Court of the State of New York · 1988
- Colony Park, Inc. v. MaloneNew York Supreme Court · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Matter of Nemeth v. Village of Hancock Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
- Welsh v. Town of Amherst Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of Source Renewables, LLC v. Town of Cortlandville Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Dean v. Town of Poland Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Nemeth v. Village of Hancock Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015